1 APHC010457052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 23661/2025 Between: 1. KVR STONE AGGREGATES, CONSUMER NO. 1172709007000797, CONSUMER NO. 1172709007000722 REP. BY ITS AUTHORIZED SIGNATORY, ANAKAPALLI KONDABABU, KASIMIKOTA, THUMPALA, ANAKAPALLI. PLACE OF BUSINESS PLOT NO. 9-163/6/9, VENNELA NIVAS, ANNAM RAJU NAGAR, MADHURAWADA, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE EASTERN POWER DISTRIBUTION COMPANY LIMITED OF ANDHRA PRADESH APEPDCL, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE,VIJAYAWADA. 3. THE SUPERINTENDING ENGINEER OPERATION CIRCLE, THE EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH (APEPDCL), ANAKAPALLI DIVISION. ...RESPONDENT(S): Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR ENERGY 2 The Court made the following: ORAL ORDER: Heard Sri K. Yeshwanth, learned Counsel appearing on behalf of Sri P. Nanilu Naidu, learned Counsel for the Writ Petitioner, Sri K. Vijay, learned Assistant Government Pleader for Energy and Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL. 2. The prayer sought in the present Writ Petition is as under: “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more, particularly one in the nature of Writ of Mandamus declaring the action of respondents in issuing G.O.Ms.No.7 Energy (Power-II) Department dated 08-04-2022 where under the levy of electricity duty was increased from Rs.0.06 paise per unit to Rs.1.00 PS on the energy sales made to the commercial and industrial consumers as illegal, arbitrary, and contrary to law and to levy electricity duty @ Rs.0.06 paise only from the petitioner service connections and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. Ms. Kothapalli Aishwarya Chowdhary, learned Junior Standing Counsel for APEPDCL, would submit that the issue raised by the Writ Petitioner is no more res integra inasmuch as the Division Bench of this Hon’ble Court in W.P.No.29672 of 2023 & batch dated 26.06.2025 had set aside G.O.Ms.No.7 dated 08.04.2022 and the ratio of the said Order is in favour of the Writ Petitioner herein. 4. Having considered these submissions, this Court deems it appropriate to allow this Writ Petition in terms of the Order passed by the Hon’ble Division Bench of this Court in W.P.No.29672 of 2023 & batch dated 26.06.2025. No order as to costs. Needless to state that the Official Respondents cannot legally levy Electricity Duty at ₹ 1.00 per each unit. 3 5. Registry is directed to place a copy of the Order passed by the Hon’ble Division Bench of this Court in W.P.No.29672 of 2023 & batch dated 26.06.2025 along with this Order. 6. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 08.09.2025 Vns